[Amended 3-2-1994 by L.L. No. 2-1994]
The Town of Forestburgh Planning Board is hereby authorized, pursuant to §§ 274-a and 274-b of the Town Law of the State of New York, to review and approve, approve with modifications or disapprove site plans prepared pursuant to specifications set forth in this chapter and to grant special use permits with respect to certain uses which are, throughout this chapter, identified as special uses.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- SITE PLAN
- A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plots showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions pursuant to Chapter 76, Subdivision Regulations, Enforcement of, of the Code of the Town of Forestburgh shall continue to be subject to such review and shall not be subject to review as site plans under this chapter.
- SPECIAL USE PERMIT
- An authorization of a particular land use which is permitted pursuant to this chapter, subject to conditions imposed in this Article to assure that such proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.
Referral to County Planning Agency. Prior to taking final action on a special use permit or site plan, the Planning Board shall make the required referral, if any, to the County Planning Agency as mandated by § 239-m of the General Municipal Law of the State of New York.
No building permit shall be issued by the Building Inspector for any structure covered by this Article, nor shall any excavation or clearing of land or construction of any public or private improvements take place, until an approved site plan or approved amendment of any such plan and a special use permit or amendment of a special use permit are granted by the Planning Board. No certificates of occupancy shall be issued for any structure or use of land which is identified as a special use unless the structure is completed or the land developed or used in accordance with an approved site plan, an approved amendment of any such plan and an approved special use permit.
Uses specified as special uses under district regulations of this chapter will be permitted only after review, public hearing and approval by the Planning Board pursuant to the express standards, procedures and criteria set forth below:
The proposed use shall:
Be in harmony with the purposes, goals, objectives and standards of the Town of Forestburgh Master Plan, this chapter and all other laws and regulations of the town and other governmental agencies;
Not result in a detrimental over concentration of a particular use within the town or within the immediate area of the proposed location;
Not result in a substantial or undue adverse effect on other property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites, rights-of-way or other matters affecting the public health, safety and general welfare of the town;
Not impose an undue burden on any improvements, facilities, utilities and services of the town, whether such services are provided by the town or some other agency or municipality; and
Be adequately screened or buffered from residential uses located approximate to the proposed site.
No application for site plan approval or issuance of a special use permit shall be approved unless the Planning Board shall find that, in addition to complying with each of the standards enumerated above, all other applicable standards of this chapter are met. In instances where the standards contained herein do not adequately protect the general health, safety and welfare of the parties affected, the Planning Board shall be obligated to impose such conditions upon approving a site plan and granting a special use permit as may be necessary to adequately protect the general health, safety and welfare of the parties affected. Conditions which might be imposed shall include, but not be limited to, provisions for additional parking or traffic control, the requirement of additional setbacks, special measures addressing sales periods or hours of operation and other conditions which can be effectuated to remove any potential adverse influence the use may have under the circumstances. In reviewing a site plan and special use permit application in determining what conditions, if any, shall be attached for approval, the Planning Board shall consider:
The location, arrangement, size and general site compatibility of buildings, lighting and signs.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
The adequacy of stormwater drainage facilities.
The adequacy of water supply and sewage disposal facilities.
The adequacy, type and arrangement of trees, shrubs or fencing providing necessary screening or buffering between the applicant's land and lands potentially affected by the applicant's proposal. Where possible, preference should be given to the retention of existing vegetation or the planting of dense evergreen nursery material.
The adequacy of fire lanes and other emergency zones and the accessibility thereof for fire and police protection.
The adequacy of erosion and sedimentation control plans.
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan and application for special use permit. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to make a general preliminary determination as to the information required on the site plan. In order to accomplish the foregoing objectives, the applicant should provide the following:
A statement and rough sketch to scale showing the locations and dimensions of principal and accessory structures and uses, proposed vegetation and other planned features, anticipated change in existing topography and natural features and, where applicable, measures and features to address erosion and drainage conditions.
A sketch or map of the area to scale which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent information.
A topographic or contour map of appropriate scale and detailed to show site topography, with contour intervals of 20 feet or less.
Applications for site plan approval and special use permit. An application for site plan approval and the granting of a special use permit shall be made in writing to the Chairman of the Planning Board and shall be accompanied by information identified in § 85-29, Site plan requirements, of this Article. Where the sketch plan conference was held, the accompanying information required pursuant to Subsection A above shall also be drawn from § 85-29, Site plan requirements, of this Article as determined necessary by the Planning Board at the sketch plan conference.
Planning Board action on site plan and special use permit application. Within 60 days of receiving the complete application for site plan approval and the complete application for granting of a special use permit, the Planning Board shall hold a public hearing on the proposal. Public notice of such hearing shall be given by publication of notice of such hearing in the official newspaper of the town at least 10 days prior to the date of the hearing and by mailing, at least 10 days prior to the date of such hearing, copies of such notice to the applicant and to the owners of all property adjacent to or within 500 feet of the boundaries of the parcel which is the subject of the application. All such notices shall be mailed by certified mail, return receipt requested, addressed to the property owners as their names and addresses appear on the most recent assessment and tax rolls of the town. The Planning Board shall make a decision on the application within 62 days after such hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board and a copy of any approved site plan shall be immediately filed in the office of the Town Clerk and a copy thereof mailed to the applicant. No approval shall be effective until such time as the applicant has paid in full all fees and reimbursable costs due to the town.
The Planning Board may require that special use permits and site plan approvals be periodically renewed. Such renewals shall be granted following due public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that conditions as may have been prescribed by it in conjunction with the issuance of the original permit have not been or are no longer being satisfied. In such cases, a period of 60 days shall be granted to the applicant for full compliance prior to revocation of the permit.
Conditions attached to approval of site plans, the Planning Board shall have the authority to propose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan and special use as it deems necessary to protect the general health, safety and welfare of the town and further the purpose and intent of this chapter. Upon its approval of said site plan and/or special use, any such conditions must be met in connection with the issuance of permits and approvals by applicable enforcement agents or officers of the town.
Waiver of requirements. The Planning Board is hereby empowered to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver may be granted at the Planning Board's discretion, provided that it first determines that any such requirements sought to be waived are not requisite in the interest of the public health, safety or general welfare or inappropriate to the particular site plan or special use under consideration.
Applications submitted shall include a description of all proposed uses and a site plan drawn by a licensed engineer, architect or landscape architect showing the subject parcel and all structures on adjacent properties within 100 feet of the lot line of the subject parcel and all changes or improvements proposed on the subject parcel. The material submitted for consideration by the Planning Board shall include the following information:
A location map at a scale not smaller than one to 24,000 showing nearby roads, neighborhoods and water bodies.
A survey of the parcel at a scale not smaller than one to 1,200, prepared by a licensed engineer or land surveyor, showing all boundary lines, bearings, measurements, areas, existing structures, water bodies, rock outcrops, vegetation and contours at two-foot intervals. The data shall shall extend at least 100 feet beyond the boundaries of the parcel.
The location, names and present widths of existing and proposed streets, highways, easements, curblines, alleys, parks and other proposed public open spaces and similar facts regarding adjacent properties.
The location of any existing sewage disposal systems and locations and size of wells, water mains, culverts and drains on and immediately adjacent to the property.
A legend setting forth the provisions of this chapter applicable to the parcel, the zoning district or districts within which the property is situated and any proposed changes in this chapter as it affects the parcel.
The locations and owners of all adjoining lands as shown on the latest assessment and tax records.
All deed restrictions and covenants applicable to the subject parcel and the adjoining premises, if any.
The location and width of any highways and other public ways or places shown upon the Official Map and the Master Plan, if such exist, within and/or adjacent to the property and the location, width, grades and street profiles of all streets or other public ways proposed by the applicant.
The location of access points to the property, including the distances to the nearest intersecting street.
Typical cross sections of proposed grading, roadways, sidewalks and unusual topographical conditions.
The approximate boundaries of any state- or federal-regulated wetland or other areas subject to flooding or stormwater overflows.
The location, dimensions and materials of any proposed or structural improvements.
The location, dimension and materials of proposed parking or loading areas.
The locations, dimensions and materials of any outdoor sign or signs.
Any proposed draining, screening or other landscaping, including trees and locations of proposed trees. A general landscaping plan of the proposed development and a planting schedule shall be indicated. Landscaping shall be in character with that prevailing in the neighborhood.
The source of water supply and the location of all proposed water lines, valves, hydrants and available fire protection.
Unless or until a sanitary sewer system is available, the alternative means of treatment and disposal of sewage proposed, including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth to groundwater. If a sanitary sewer system is available or proposed, the location of all sewer lines and treatment plants shall be shown.
The provisions for controlling storm drainage, in the form of a draining plan.
The location of all proposed gas, electric power and communication lines.
The location of temporary markers adequate to locate and evaluate the basic layout in the field.
If the property is to be developed in stages and the applicant wishes approval for only one stage, a supplementary plan shall be submitted showing the ultimate development and all other stages.
In the case of uses requiring approval of federal, state or county agencies, identification of all such approvals required and copies of all applications submitted therefor.
An environmental assessment form in either the long or short format as shall be determined by the Planning Board in accordance with Article 8 of the Environmental Conservation Law.
Any other information deemed necessary for the Planning Board to determine conformity of the site plan and the proposed special use with the intent and requirements of this chapter.
In approving the plans for a particular use, the Planning Board shall give specific consideration to the design of the following:
Traffic access. Proposed traffic accessways shall be:
Circulation and parking. Adequate off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles of any person connected with or visiting the use, and any interior circulation system shall be adequate to provide safe accessibility to any off-street parking.
Draining. Storm runoff shall be controlled in such a manner so that no person, property, body of water, watercourse or facilities are vulnerable to damage by the discharge of stormwater or its effects. Wherever possible, runoffs shall be controlled on a land surface by use of broad, gentle swales. Erosion shall be strictly controlled by adequate draining and ground cover, and silt basins shall be constructed where necessary to control siltation and downstream water bodies.
Landscaping and screening. All playground, parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the property shall be in character with that generally prevailing in the neighborhood. Existing trees over 12 inches in diameter measured at four feet above the ground shall be preserved to the maximum extent possible.
Character and appearance. The character and appearance of any proposed use and any proposed building or outdoor signs associated therewith shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the town and shall not adversely affect the general welfare and inhabitants of the town. Such consideration shall not include the architectural styles or period of any proposed building.
Wildlife and open space. The site plan shall make provisions for open space and recreational facilities. The existing drainage courses, water bodies and scenic features shall be preserved. Wildlife habitats shall be preserved and improved to the maximum extent possible. Greenbelts and pedestrianways shall be preserved and provided wherever appropriate.
All applications made to the Planning Board for site plan and special use permit review shall be accompanied by a fee in such amount as may be fixed from time to time by resolution of the Town Board.
No refund. All fees paid to the town shall comprise a nonreturnable review fee for a review under the terms of this Article. If site plan review is simultaneous with subdivision review, the Planning Board may, in its discretion, waive one or the other of the applicable review fees, but not both.
Documentary fee. A fee shall be charged in such amount as may be fixed from time to time by resolution of the Town Board for compilation of names and addresses of all owners who shall be given certified mail notice of public hearing as required by this Article.
Publication and postage costs. The applicant shall also be required to pay, upon presentation, the actual costs of publication and mailing of any and all notices required by any provision of this Article or other provision of law.
Consultant and professional fees. All applicants shall be required to pay to the town a sum of money to reimburse it for fees to be paid by the town to consulting planners, engineers, attorneys or other experts and/or professionals retained by the town to review the applicant's plans, maps, studies, agreements, environmental assessment forms, environmental impact statements and all other papers and proceedings required by the Planning Board or this Article. The amount of the fee shall be determined by the Planning Board and its professional consultant at the time the applicant files his application or as soon thereafter as practicable. Each consultant that the Planning Board deems necessary to involve shall estimate his fees based upon the services to be rendered on behalf of the Planning Board. The fee shall be paid to the town pursuant to the following schedule: 1/2 upon submission of the application or a determination by the Planning Board that the services of the consultant or professional are required, whichever is later, and the other 1/2 at the time of consideration of final approval of the application. In the event that an applicant shall withdraw his application at any stage of the proceedings, the town shall reimburse the applicant for that portion of the deposited funds not actually paid or due for professional consulting services. In the event that the actual fees charged to the town exceed the amount deposited by the applicant, the applicant shall remain liable to pay the town the difference.
Where a proposed site plan contains one or more features which do not comply with the zoning requirements of this chapter and the same have not been waived by the Planning Board as provided in this Article, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law of the State of New York, without the necessity of a decision or determination by the Building Inspector.